(2025:JHHC:16448) 1 Cr. M.P. No.3379 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3379 of 2024 ------ Krishna Prasad Koiri, aged about 38 years, son of Madhusudan Koiri, resident of Village Silli, Niche Tola, PO: Silli, PS: Silli, District: Ranchi, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Sushma Kumari, daughter of Sudhir Kumar Singh, resident of Bhawanipur Colony, Tupudana Road No.2, P.O. Tupudana, PS: Dhurwa, District: Ranchi … Opposite Parties ------ For the Petitioners : Mr. Ashim Kr. Sahani, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire criminal proceedings including the order dated 29.01.2024 by which the learned Sub-Divisional Judicial Magistrate, Ranchi has taken cognizance of the offences punishable under Section 414 of the Indian Penal Code as well as Section 7 of the Essential Commodities Act in connection with Silli (Muri) P.S. Case No.93 of 2022 corresponding to G.R. No.308 of 2024. 3. Learned counsel for the petitioner, at the outset, submits that the petitioner does not press the prayer to quash the entire criminal proceeding in respect of the portion of the said order by which cognizance has been taken of the offence punishable under Section 414 of the Indian Penal Code but confines (2025:JHHC:16448) 2 Cr. M.P. No.3379 of 2024 his prayer to quash the part of the said order by which the learned Sub- Divisional Judicial Magistrate, Ranchi has taken cognizance of the offence punishable under Section 7 of the Essential Commodities Act. 4. Accordingly, this Cr.M.P. so far as it relates to quashing the entire criminal proceeding including the portion of the order taking cognizance dated 29.01.2024, in respect of the offence punishable under Section 414 of the Indian Penal Code is rejected as not pressed. 5. So far as the offence punishable under Section 7 of the Essential Commodities Act is concerned, learned counsel for the petitioner draws the attention of this Court towards Section 7 of the Essential Commodities Act, 1955 which reads as under:- “7. Penalties.―[(1) If any person contravenes any order made under Section 3,― (a) he shall be punishable,― (i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and (ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: [Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months;] (b) any property in respect of which the order has been contravened shall be forfeited to the Government; (c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be forfeited to the Government. (2) If any person to whom a direction is given under clause (b) of sub- section (4) of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term not less than three months. (2025:JHHC:16448) 3 Cr. (2025:JHHC:16448) 3 Cr. M.P. No.3379 of 2024 (2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-section (2) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine: Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of impri-sonment for a term of less than six months. (2-B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub- section (2) has caused no substantial harm to the general public or to any individual shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months or six months as the case may be. (3) Where a person having been convicted of an offence under sub-section (1) is again convicted of an offence under that sub-section for contravention of an order in respect of an essential commodity, the Court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that sub-section, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the Court in the Order.” and submits that Section 7 of the Essential Commodities Act, 1955 provides for penalty for contravention of any order made under Section 3 of the said Essential Commodities Act, 1955 but nowhere in the F.I.R., charge- sheet or even in the cognizance order; it has been mentioned as to which order issued under Section 3 of the Essential Commodities Act, 1955 has been violated by the petitioner and in the absence of the same, no offence punishable under Section 7 of the Essential Commodities Act, 1955 is made out, even if the contents of the F.I.R. and the charge-sheet are taken to be true in their entirety. 6. 6. Hence, it is submitted that the said order dated 29.01.2024 passed by the learned Sub-Divisional Judicial Magistrate, Ranchi so far as it relates to the offence punishable under Section 7 of the Essential Commodities Act, 1955 be quashed and set aside. 7. Learned Special P.P. appearing for the State, on being asked by the Court fairly submits that he has no idea as to which order under Section 3 of the (2025:JHHC:16448) 4 Cr. M.P. No.3379 of 2024 Essential Commodities Act, 1955 has been violated by the petitioner but he vehemently opposes the prayer to quash the portion of the order dated 29.01.2024 passed by the learned Sub-Divisional Judicial Magistrate, Ranchi so far as it relates to the offence punishable under Section 7 of the Essential Commodities Act, 1955. 8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that in the absence of any allegation of contravention of any order made under Section 3 of the Essential Commodities Act, 1955, certainly the penalty under Section 7 of the Essential Commodities Act, 1955 cannot be imposed. Even if the allegations against the petitioner as made out in the First Information Report are taken to be true in its entirety, as there is no allegation of contravention of any order made under Section 3 of the Essential Commodities Act, 1955 anywhere, therefore, the materials in the record are inadequate to make out a case for establishing the offence punishable under section 7 of the Essential Commodities Act, 1955 against the petitioner. Hence, this Court is of the considered view that this is a fit case where the portion of the order dated 29.01.2024 passed by the learned Sub-Divisional Judicial Magistrate, Ranchi so far as it relates to the offence punishable under Section 7 of the Essential Commodities Act, 1955 is liable to be set aside while maintaining the remaining portion of said order in respect of the offence punishable under Section 414 of Indian Penal Code. 9. Accordingly, the portion of the order dated 29.01.2024 passed by the learned Sub-Divisional Judicial Magistrate, Ranchi so far as it relates to the (2025:JHHC:16448) 5 Cr. M.P. No.3379 of 2024 offence punishable under Section 7 of the Essential Commodities Act, 1955 is quashed and set aside qua the petitioner only. 10. Accordingly, this Cr.M.P. stands allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 23rd of June, 2025 AFR/ Animesh